The National Health Service (Primary Dental Services) (Amendment) Regulations 2022

PART 1 General

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Primary Dental Services) (Amendment) Regulations 2022 and come into force on 25th November 2022.

(2) These Regulations extend to England and Wales and apply in relation to England only.

(3) In these Regulations—

“the GDS Contracts Regulations” means the National Health Service (General Dental Services Contracts) Regulations 2005(1);

“the PDS Agreements Regulations” means the National Health Service (Personal Dental Services Agreements) Regulations 2005(2).

PART 2 Amendment of the GDS Contracts Regulations

Amendments relating to Units of Dental Activity for Band 2 courses of treatment

2.—(1) The GDS Contracts Regulations are amended as follows.

(2) In Schedule 2 (provision of services: units of dental activity and units of orthodontic activity)—

(a) in Part 1 (units of dental activity)—

(i) for paragraph 1(1) substitute—

“(1) Where the contractor provides-—

(a) a Band 1 or Band 3 course of treatment; or

(b) a sub-band of a Band 2 course of treatment as set out in Part 1A of this Schedule,

the contractor provides the number of units of dental activity specified in the appropriate row of Table A.”;

(ii) for Table A, substitute Table A as set out in Schedule 1 to these Regulations; and

(b) after Part 1, insert Part 1A as set out in Schedule 2 to these Regulations.

(3) In Part 2 of Schedule 3 (other contractual terms – provision of services), in paragraph 11(4), after “NHS Charges Regulations” insert “and, if such restoration falls within a Band 2 course of treatment, the applicable sub-band for the purpose of calculating the appropriate number of units of dental activity shall be determined in accordance with Parts 1 and 1A of Schedule 2”.

Amendments relating to information about the contractor’s practice

3.  In Part 5 of Schedule 3 to the GDS Contracts Regulations (other contractual terms - records, information, notifications and rights of entry), after paragraph 34 (patient information) insert—

“Information about the contractor’s practice

34A.— (1) The contractor must ensure that a comprehensive and accurate profile in respect of its practice is provided to NHS England for the purpose of display on the NHS.uk website.

(2) The contractor must review the information contained in the profile referred to in paragraph (1) at least once in every period of 90 days from the date the profile is provided in accordance with paragraph (1).

(3) If, on such a review, it appears to the contractor that any of that information is inaccurate or incomplete, the contractor must provide NHS England with an updated profile in respect of its practice.”.

PART 3 Amendment of the PDS Agreements Regulations

Amendments relating to Units of Dental Activity for Band 2 courses of treatment

4.—(1) The PDS Agreements Regulations are amended as follows.

(2) In Schedule 2 (provision of services: units of dental activity and units of orthodontic activity)—

(a) in Part 1 (units of dental activity)—

(i) for paragraph 1(1) substitute—

“(1) Where the contractor provides-—

(a) a Band 1 or Band 3 course of treatment; or

(b) a sub-band of a Band 2 course of treatment as set out in Part 1A of this Schedule,

the contractor provides the number of units of dental activity specified in the appropriate row of Table A.”;

(ii) for Table A, substitute Table A as set out in Schedule 1 to these Regulations; and

(b) after Part 1, insert Part 1A as set out in Schedule 2 to these Regulations.

(3) In Part 2 of Schedule 3 (other contractual terms – provision of services), in paragraph 12(4), after “NHS Charges Regulations” insert “and if such restoration falls within a Band 2 course of treatment, the applicable sub-band for the purpose of calculating the appropriate number of units of dental activity shall be determined in accordance with Parts 1 and 1A of Schedule 2”.

Amendments relating to information about the contractor’s practice

5.  In Part 5 of Schedule 3 to the PDS Agreements Regulations (other contractual terms - records, information, notifications and rights of entry), after paragraph 35 (patient information) insert—

“Information about the contractor’s practice

35A.— (1) The contractor must ensure that a comprehensive and accurate profile in respect of its practice is provided to NHS England for the purpose of display on the NHS.uk website.

(2) The contractor must review the information contained in the profile referred to in paragraph (1) at least once in every period of 90 days from the date the profile is provided in accordance with paragraph (1).

(3) If, on such a review, it appears to the contractor that any of that information is inaccurate or incomplete, the contractor must provide NHS England with an updated profile in respect of its practice.”.

Signed by authority of the Secretary of State for Health and Social Care

Neil O’Brien

Parliamentary Under Secretary of State,

Department of Health and Social Care

3rd November 2022